Code of Massachusetts Regulations
454 CMR - DEPARTMENT OF LABOR STANDARDS
Title 454 CMR 22.00 - Deleading and Lead-safe Renovation
Section 22.02 - Definitions
ASTM. American Society for Testing and Materials, 1916 Race Street, Philadelphia, Pennsylvania 19103.
Certification. The authorization to act as a lead-safe renovator-supervisor on renovation projects, which is conferred by the Department to persons who have successfully completed the initial training and applicable refresher training for lead-safe renovator-supervisors and who have not had such authorization suspended or revoked pursuant to 454 CMR 22.15.
Certified Firm. An entity that has been certified by the EPA in accordance with 40 CFR 745.89 to carry out renovation work in states that have not received EPA authorization to administer and enforce their own lead renovation regulations pursuant to 40 CFR 745, Subpart Q.
Child-occupied Facility. A building or a portion of a building, constructed prior to 1978, and visited by the same child younger than six years of age on at least two different days within any week (Sunday through Saturday), provided that each day's visit lasts at least three hours and the combined weekly visits last at least six hours, and the combined annual visits last at least 60 hours. Child-occupied facilities may be located in target housing or in public or commercial buildings. With respect to common areas in public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses those common areas that are routinely used by children younger than six years old. Common areas that children younger than six years old pass through, such as hallways, stairways and garages which are not routinely used by children younger than six years old in such public and commercial buildings, are not included. With respect to the exteriors of buildings that contain child-occupied facilities, the child-occupied facility encompasses only the exterior sides of the building that are immediately adjacent to the child-occupied facility.
Class I Deleading Project or Work. Deleading work which includes abatement activities other than those defined as low-risk deleading or moderate risk deleading in 454 CMR 22.00.
Cleaning Verification Card. A card developed and distributed, or otherwise approved by EPA for the purpose of determining, through comparison of wet and dry disposable cleaning cloths with the card, whether post-renovation cleaning has been adequately completed.
CLPPP. The Commonwealth of Massachusetts Department of Public Health, Childhood Lead Poisoning Prevention Program.
Common Area. A portion of a building generally accessible to all residents or users of the building, including but not limited to hallways, stairways, laundry and recreational rooms, playgrounds, community centers and boundary fences.
Containment. An enclosure or barrier constructed of plastic sheeting, gypsum board, plywood, metal sheathing or similar smooth, impermeable materials that is installed around the work area of a deleading or renovation project in such a way as to limit dust or debris generated by work performed within the work area to the space enclosed by the enclosures or barriers.
Contractor Licensing Waiver. A document signed by the Director, in his or her sole discretion, which permits an entity to conduct renovation work subject to the requirements of 454 CMR 22.00 without obtaining a Lead-safe Renovation Contractor License pursuant to 454 CMR 22.04.
Dangerous Level of Lead. The level of lead in paint or other coating, putty, or plaster designated as dangerous by the Director of the Childhood Lead Poisoning Prevention Program of the Department of Public Health and set forth in 105 CMR 460.020: Meaning of Terms.
Deleader-supervisor. An individual or agent of a deleading contractor who is duly licensed pursuant to 454 CMR 22.03(2) and 22.05 to perform Class I deleading work, determine the proper conduct of deleading operations and exert supervisory control over deleader-workers on deleading projects.
Deleader-worker. A person not acting as a deleader-supervisor who is duly licensed pursuant to 454 CMR 22.03(2) and 22.05 to perform Class I deleading work as an employee, and who performs such work under the direction of another, with or without compensation.
Deleading Contractor. Any person, firm, corporation or other entity who or which has a valid license issued by the Director for the purpose of entering into or engaging in Class I deleading work.
Deleading Project or Work. The abatement or containment of materials containing dangerous levels of lead in residences by the removal, covering or encapsulation of lead paint or by replacement of whole building components in instances described by one or more of the following:
(a) Where the owner of the property has received an Order to Correct Violations pursuant to M.G.L. c. 111, § 197;
(b) Where the purpose of the work is to achieve a Letter of Compliance pursuant to 105 CMR 460.760(D): Full Compliance or a Letter of Interim Control pursuant to 105 CMR 460.105(D): Issuance of a Letter of Interim Control, or tax credit eligibility pursuant to 830 CMR 62.6.3: Lead Paint Removal Credit;
(c) Where the owner of the property is required to delead pursuant to M.G.L. c. 111, § 197 and the effect of the work if performed would be to accomplish, or contribute to the accomplishment of, deleading compliance as specified by 105 CMR 460.760(D): Full Compliance or 460.105(D): Issuance of a Letter of Interim Control; or
(d) Where the Director of the Childhood Lead Poisoning Prevention Program or other authority with competent jurisdiction has designated the work a deleading project.
Deleading Projects or Work may include Class I deleading work, moderate-risk deleading work and low-risk deleading work.
Demolition. The wrecking or razing of a structure or architectural component through destructive methods, as distinguished from a piece-by-piece dismantling which preserves the structural integrity of the component(s).
Department. The Department of Labor Standards, as established by M.G.L. c. 23.
Director. The Director of the Massachusetts Department of Labor Standards.
DOT. The United States Department of Transportation.
Encapsulant. A coating product listed on the Register of Approved Encapsulants pursuant to 105 CMR 460.115: Process for Approval of Encapsulants for the Containment of Lead-based Paint which is formulated to contain lead hazards by providing a long-lasting and resilient barrier over painted surfaces and which is applied in liquid form, with or without a structural reinforcement.
EPA. The United States Environmental Protection Agency.
Hands on Training. Specific training that provides the trainee with actual practice in performing mechanical operations utilized in deleading or lead-safe renovation activities.
HEPA Filter. A filter capable of filtering out monodispersive particles of 0.3 microns or greater in diameter from a body of air at 99.97% efficiency or greater.
Inspection. The determination of the location and levels of lead paint in all applicable surfaces, as specified by 105 CMR 460.000: Lead Poisoning Prevention and Control.
Inspector. Lead paint inspectors, both private and code enforcement, as regulated by 105 CMR 460.000: Lead Poisoning Prevention and Control.
Lead-safe Renovation Contractor. A person, firm, corporation, or other business entity who or which is duly licensed by 454 CMR 22.03(3) and 22.04 to enter into, engage in, or work at the business of conducting renovation work in target housing and child-occupied facilities. A Lead-safe Renovation Contractor is also authorized to carry out moderate risk deleading work where a certified lead-safe renovator-supervisor who has received the additional training specified by 454 CMR 22.08(4)(e), who is an employee or responsible person of said contractor, supervises and/or performs the work, in accordance with 454 CMR 22.12(2).
Lead-safe Renovator-supervisor. A person who is duly certified under 454 CMR 22.06 to carry out supervisory functions on renovation projects, and with the additional training specified by 454 CMR 22.08(4)(e), to carry out supervisory functions and/or performs the work, in accordance with 454 CMR 22.12(2), on moderate-risk deleading projects.
License. A document issued by the Department:
(a) permitting a deleading contractor to enter into, engage in or work at the business of performing deleading work;
(b) permitting a deleader-supervisor to engage in the activities set forth in the definition of deleader-supervisor contained in 454 CMR 22.02;
(c) permitting a deleader-worker to engage in the activities set forth in the definition of deleader-worker contained in 454 CMR 22.02;
(d) permitting a lead-safe renovation contractor to enter into, engage in or work at the business of renovation work; or
(e) permitting a training provider to offer the training specified for the licensure or certification of persons engaging in deleading or renovation work regulated by 454 CMR 22.00.
Licensed Training Provider. Any entity which has been duly licensed pursuant to 454 CMR 22.03(5) and 22.07.
Low-risk Deleading Project or Work. Deleading work that exclusively consists of one or more of the abatement activities set forth at 105 CMR 460.175(A).
MassDEP. The Commonwealth of Massachusetts Department of Environmental Protection.
Minor Repair and Maintenance Activities (Projects or Work). Renovation, repair and painting activities carried out for a fee in or on target housing or child-occupied facilities that disturb six or fewer square feet of painted surface per room on building interiors, or a total of 20 or fewer square feet of painted surface on exterior surfaces where none of the work practices prohibited by 454 CMR 22.11(9)(a) are used and where the work does not involve window replacement or disturbs greater than de minimum level of coated surface.
Moderate-risk Deleading Project or Work. Deleading work, excluding work conducted by demolition, which has been inspected by a licensed lead inspector pursuant to 454 CMR 22.12(2)(a)1., and consists of one or more of the following activities:
(a) The removal and replacement of: window components, including sashes, parting beads, window stops, sills, header stops, casings, and aprons; interior stair components, including treads, risers, stringers, newel posts, balusters, handrails and railing caps; door components, including casings, jambs, and thresholds; baseboards; chair rails; shelf supports; built-in cabinet shelves and interior cabinet frames in their entirety; exterior porch components; fences; bulkheads; lattices; and individual shingles or clapboards from exterior building sides.
(b) The repair or making intact of up to two square feet of non-intact lead-painted surface per room on the interior of residences or up to ten square feet of non-intact lead-painted surface on the exterior of residences, except where the removal or covering of said lead-painted surfaces is required by 105 CMR 460.110(B)(2) or (3).
(c) Any other activities designated by the Director of CLPPP.
Owner. Any person who alone or jointly or severally with others:
(a) has legal title to any premises;
(b) has charge or control of any premises as a manager who has authority to expend money for compliance with the sanitary code;
(c) is the executor, administrator, trustee or guardian of the estate of the holder of the legal title;
(d) is an estate or trust of which such premises is a part, or the grantor or beneficiary of such an estate or trust; or
(e) is the association of unit owners of a condominium or cooperative, which shall be considered an owner solely with respect to common areas and exterior surfaces of such condominium or cooperative.
No bank, lending institution, mortgage company or mortgagee, except where such mortgagee takes actual possession and acquires legal title of the residential premises pursuant to applicable law, shall be considered an owner.
Owner's Agent. An individual who meets one or both of the following criteria:
(a) An individual who meets the definition of "owner's agent" as that term is defined in 105 CMR 460.020: Meaning of Terms. A contractor may carry out deleading work as an owner's agent only when hired by the owner to accomplish low-risk deleading pursuant to 105 CMR 460.175: Low- and Moderate-risk Abatement and Containment or to engage in the activities set forth in 105 CMR 460.100(D): Short Term Vacation or Recreational Rental Exemption from the Obligation to Abate and/or Contain Paint, Plaster or Other Accessible Structural Material Containing Dangerous Levels of Lead with respect to short-term vacation or recreational rentals.
(b) An individual over whom the owner exercises sufficient control and direction to be considered an agent under Massachusetts common law. The category of owners' agents includes, but is not limited to, the owner's employee or property manager, and an individual who works with or for the owner without compensation. An owner's agent does not include a contractor hired by an owner for the purpose of completing a specific task or set of tasks who works largely unsupervised by the owner and brings his own tools to the job.
Painted Surface. A component surface covered in whole or in part with paint or other surface coating.
Qualified Independent Translator. A person or entity, which is not owned, controlled, related to or employed by the applicant for licensure and which provides professional translation services.
Recognized Test Kit. A commercially available kit recognized by EPA pursuant to 40 CFR 745.88 as being capable of determining the presence of lead at levels equal to or in excess of 1.0 milligrams per square centimeter or 0.5% lead by weight, in a paint chip, paint powder, or painted surface.
Renovation. The modification of any existing structure, or portion thereof, that results in the disturbance of painted surfaces. The term renovation includes, but is not limited to, the removal or modification of painted surfaces or painted components (e.g., modification of painted doors, surface preparation activity such as sanding, scraping, or other such activities that may generate paint dust); the removal of portions of structures (e.g., walls, ceiling, large surface replastering, major re-plumbing); and window replacement.
Renovation Project or Work. The renovation of any unit of target housing or a child-occupied facility, or a portion thereof, which is conducted for compensation and which results in or may result in the disturbance of paint or paint debris, but which is distinguished from a deleading project as defined in 454 CMR 22.02: Renovation Project or Work or by one of the following conditions:
(a) The work is carried out in or on a structure which is required to be deleaded by M.G.L. c. 111, § 197 but is unrelated to deleading compliance, both in terms of purpose and effect.
(b) The work is carried out in or on a structure which is not required to be deleaded pursuant to M.G.L. c. 111, § 197, and the purpose of the work is other than the achievement of a Letter of Full Deleading Compliance pursuant to 105 CMR 460.760(D): Full Compliance.
Reporting Physician's Statement. A written medical opinion from the physician who conducts the examination required by 454 CMR 22.09(4) which contains the following information:
(a) The physician's opinion as to whether the applicant or employee has any detected medical condition which would place his or her health at increased risk of material impairment from exposure to lead;
(b) Any recommended special protective measures to be provided to the applicant or employee, or limitations to be placed upon the applicant's or employee's activities which concern potential exposure to lead; and
(c) Any recommended limitation on the applicant's or employee's use of respirators.
Residence. Every building or shelter used or intended for use as human habitation, including exterior surfaces and all common areas thereof, and all other property, including land and other noncommercial structures located within the same lot line, which is subject to the Massachusetts Lead Law, M.G.L. c. 111, §§ 189A through 199B and 105 CMR 460.000: Lead Poisoning Prevention and Control.
Responsible Persons(s). Person(s) having management control over an entity or employer. In the case of a corporation, the responsible person(s) shall be the officers of the corporation and any other managing agent of such corporation. In the case of a sole proprietorship or a partnership, the responsible person(s) shall be the owners or partners and any other managing agent of such sole proprietorship or partnership. In the case of a limited liability company, the responsible person(s) shall be the members and managers, if any, of such company.
Revocation. The recall by the Department of the certificate or license of a deleading contractor, deleader supervisor, deleader-worker, training provider, lead-safe renovation contractor, or lead-safe renovator-supervisor.
Risk Assessment.
(a) An on-site investigation to determine the existence, nature, severity and location of lead paint hazards, or
(b) a report which documents the existence, nature, severity and location of lead paint hazards and options for reducing them.
Risk Assessor. An individual who, pursuant to 105 CMR 460.400(E): Procedure for Obtaining a License or Master Inspector Status and (F), has been trained and licensed to conduct risk assessments.
Secretary. The Massachusetts Secretary of Labor and Workforce Development.
Suspension. The temporary removal by the Department of the certificate or the license of a deleading contractor, deleader-supervisor, deleader-worker, training provider, lead-safe renovation contractor or lead-safe renovator-supervisor.
Target Housing. Any housing or dwelling constructed prior to 1978, except housing for the elderly or persons with disabilities (unless a child younger than six years old resides, or is expected to reside in such housing) and any zero-bedroom dwelling.
Tarpaulin. Effective ground cover capable of containing dust or visible debris. This may include polyethylene, cotton or other fabric materials, so long as the cover is effective at containing visible debris within the work area.
Training Certificate. A document issued by a licensed training provider certifying that the recipient has completed the appropriate training courses and has passed the appropriate examination.
Training Provider License. A document issued by the Department permitting training providers to engage in deleading or lead-safe renovation training.
Vertical Containment. A vertical barrier consisting of plastic sheeting or other impenetrable material over scaffolding or a rigid frame, or an equivalent system of containing the work area. Vertical containment is required for some exterior renovations but may be used on any renovation.
Work Area. The location where deleading or renovation work is being performed, or such areas of a facility which the Director determines may be hazardous to the health and safety of workers and the general public as a result of such work.
Zpp. Zinc protoporphyrin.
